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Export Inspection (Service Charge) Act 1985

Authoritative Version
Act No. 116 of 1985 as amended, taking into account amendments up to Statute Update (Autumn 2018) Act 2018
An Act to impose a charge on the provision of certain export inspection services
Administered by: Agriculture
Registered 20 Jun 2018
Start Date 19 Jun 2018
Table of contents.

Commonwealth Coat of Arms of Australia

Export Inspection (Service Charge) Act 1985

No. 116, 1985

Compilation No. 6

Compilation date:                           19 June 2018

Includes amendments up to:         Act No. 41, 2018

Registered:                                      20 June 2018

 

About this compilation

This compilation

This is a compilation of the Export Inspection (Service Charge) Act 1985 that shows the text of the law as amended and in force on 19 June 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Collection Act..................................................................................... 1

4............ Definitions.......................................................................................... 1

5............ Act binds the Crown........................................................................... 1

6............ Imposition of charge........................................................................... 2

7............ Rates of charge.................................................................................... 2

8............ By whom charge payable.................................................................... 2

9............ Regulations......................................................................................... 3

Endnotes                                                                                                                                      4

Endnote 1—About the endnotes                                                                              4

Endnote 2—Abbreviation key                                                                                  6

Endnote 3—Legislation history                                                                               7

Endnote 4—Amendment history                                                                             8


An Act to impose a charge on the provision of certain export inspection services

1  Short title

                   This Act may be cited as the Export Inspection (Service Charge) Act 1985.

2  Commencement

                   This Act shall come into operation on the day on which the Export Inspection Charges (Miscellaneous Amendments) Act 1985 comes into operation.

3  Collection Act

                   The Export Inspection Charges Collection Act 1985 is incorporated, and shall be read as one, with this Act.

4  Definitions

                   In this Act:

charge means charge imposed by this Act.

exportable goods means goods that are:

                     (a)  prescribed goods (within the meaning of the Export Control Act 1982); and

                     (b)  prescribed in regulations made for the purposes of this definition.

5  Act binds the Crown

                   This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.

6  Imposition of charge

             (1)  Charge is imposed on the provision of an export inspection service at an establishment that, at the time the service is provided, is registered for operations associated with the preparation of exportable goods.

             (2)  Subsection (1) does not apply in relation to the provision of an export inspection service at an establishment that is, or at an establishment included in a class of establishments that are, exempt from charge under the regulations.

             (3)  Charge is imposed on the provision of an external export inspection service relating to exportable goods.

             (4)  Subsection (3) does not apply in relation to the provision of an external export inspection service if the requester is, or is included in a class of requesters that are, exempt from charge under the regulations.

7  Rates of charge

             (1)  The rate of charge in respect of the provision of an export inspection service at an establishment is such rate, calculated by reference to time, as is applicable under the regulations to that establishment or to the class of establishments in which the establishment is included.

             (2)  The rate of charge in respect of the provision of an external export inspection service is such rate, calculated by reference to time, as is applicable under the regulations to the exportable goods in relation to which the service is provided.

8  By whom charge payable

             (1)  The charge on the provision of an export inspection service at an establishment is payable by the person who is the registered occupier of the establishment at the time the service is provided.

             (2)  The charge on the provision of an external export inspection service is payable by the requester.

9  Regulations

                   The Governor‑General may make regulations for the purposes of sections 6 and 7.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Export Inspection (Service Charge) Act 1985

116, 1985

21 Oct 1985

1 Jan 1986 (s 2 and gaz 1985, No S560)

 

Export Inspection (Service Charge) Amendment Act 1988

26, 1988

11 May 1988

1 Jan 1989 (s 2 and gaz 1988, No S399)

Export Inspection Charges Laws Amendment Act 1993

101, 1993

22 Dec 1993

s 13: 1 Jan 1994 (s 2)

Export Inspection (Service Charge) Amendment Act 2014

39, 2014

25 June 2014

25 June 2014 (s 2(1) items 1, 2)

Sch 1 (items 5, 6)

Statute Law Revision Act (No. 2) 2015

145, 2015

12 Nov 2015

Sch 3 (item 18): 10 Dec 2015 (s 2(1) item 7)

Omnibus Repeal Day (Autumn 2015) Act 2016

47, 2016

5 May 2016

Sch 1 (item 30): 6 May 2016 (s 2(1) item 2)

Statute Update (Autumn 2018) Act 2018

41, 2018

22 May 2018

Sch 4 (item 6): 19 June 2018 (s 2(1) item 4)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 3........................................

am No 101, 1993; No 47, 2016

s 4........................................

rs No 39, 2014

s 5........................................

rs No 145, 2015

 

am No 41, 2018

s 6........................................

am No 26, 1988; No 39, 2014

s 7........................................

am No 26, 1988; No 39, 2014

s 8........................................

am No 26, 1988